ONLINE SHOP REGULATIONS

1. The Regulations define the general terms, conditions, rules and form

of sales by Marek Skwarek, conducting business activity under the

company F.H.U. AUTO-DIAG Marek Skwarek, based in Jelenia Góra,

through the online shop www.holenderskielpg-sklep.pl (hereinafter

referred to as the "Online Shop") and define the rules and conditions

for provision of free services by electronic means by Marek Skwarek,

conducting business activity under the company F.H.U. AUTO-DIAG

Marek Skwarek, based in Jelenia Góra.

§ 1 Definitions

1. Consumer - means a natural person making a legal transaction

with an entrepreneur not directly related to his or her business

activity or profession.

2. Contract of Sale – means a contract of sale concluded at

a distance under the terms of the Regulations, by and between the

Customer and the Seller.

3. Customer - means a person to whom, according to the Regulations

and laws, electronic services may be provided or with whom

a contract of sale may be concluded.

4. Customer Account - means an individual panel for each Customer,

established by the Seller after Customer registration and conclusion

of the contract for provision of the Customer Account service.

5. Delivery - means a physical act of providing the Customer by the

Seller, through the Supplier, with Products specified in the order.

6. Durable medium – means material or device enabling the

Customer or the Seller to store information addressed personally to

them in a manner allowing for access to such information for future

reference for a period of time adequate for the purposes of

information and allowing the unchanged reproduction of the

information stored.

7. Entrepreneur - means any natural person, legal person or

organisational unit not being a legal person, having legal capacity

by virtue of the law, running in his/her/its own name business or

pursuing the profession.

8. Login - means individual Customer identification, established by the Customer, consisting of a sequence of letters, digits or other

characters, required together with the Password to establish

a Customer Account in the Online Shop.

9. Password - means a sequence of letters, digits, or other characters

selected by the Customer during Registration in the Online Shop,

used to secure access to Customer Account in the Online Shop.

10. Product - means a product presented by the Seller via the Shop

Website which can be a subject of the Contract of Sale.

11. Registration - means a physical act made in the manner

prescribed in the Regulations, as required for use by the Customer

of all the functionalities of the Online Shop.

12. Regulations – mean these regulations.

13. Seller - means Marek Skwarek running a business under the

company F.H.U. AUTO-DIAG Marek Skwarek, based in Warsaw

(58-500), ul. Świetojańska 10/1, tax identification number (NIP):

7352274243, National Business Registry Number (REGON):

492892804, entered in the Central Register and Information on

Business Activity kept by the Ministry of Economy; e -mail:

sklep@holenderskielpg.com, who is also an owner of the Online

14. Shop Website - means web pages, under which the Seller runs the

Online Shop, operating in the www.holenderskielpg-sklep.pl domain.

15. Supplier - means a company with which the Seller cooperates in

Delivery of Products:

a) courier company;

b) Polish Post (Poczta Polska S.A.) based in Warsaw.

16. Working days - mean weekdays from Monday to Friday excluding

public holidays.

§ 2 General provisions and use of the Online Shop

1. All rights to the Online Shop, including copyrights, intellectual

property rights to its name, Internet domain, Shop Website, as well

as patterns, forms, logos belong to the Seller, and may be used only

as specified in and in accordance with the Regulations.

2. The Seller shall endeavour to provide access to the Online Shop for

Internet Users via all popular web browsers, operating systems,

computer types and types of Internet connections. The Seller does

not guarantee and shall not be responsible for ensuring that each

configuration variant of electronic equipment owned by the Internet

User will allow to use the Online Shop. Minimum technical

requirement for using the Shop Website, subject to the preceding

sentence, is a web browser with enabled Javascript and installed Adobe Flash plugin without systems locking the display of Flash

objects, that accepts "cookies".

3. The Seller applies a mechanism of "cookies", which - when the

Customers use the Shop Website - are stored by the Seller's server

on a hard disk of Customer's terminal device. The use of "cookies" is

aimed to ensure correct operation of the Shop Website at Customer

's terminal devices. This mechanism does not destroy the Customer's

terminal device and does not change configuration of the Customer's

terminal devices or software installed thereon. Each Customer can

turn off the "cookies" in the browser of his/her terminal device. The

Seller informs, however, that exclusion of "cookies" may cause

inconvenience or prevent the use of the Shop Website.

4. To place an order in the Online Shop via the Shop Website and to

take advantage of Services available at the Shop Website, the

Customer must have an active e-mail account.

5. The Customer is prohibited to input illegal content and to use the

Online Shop, the Shop Website or free services provided by the Seller

in a manner contrary to law, good practices or violating personal

rights of third parties.

6. The Seller represents that the public nature of the Internet and the

use of electronic services may be associated with the risk of

obtaining and modifying Customers data by unauthorised persons,

therefore the Customers should use appropriate technical measures

to minimise the above mentioned risks. In particular, they should use

anti-virus programmes and programmes protecting identity of

Internet users. The Seller shall never ask the Customer to provide

him with access to the password in any form.

7. The Customer is not allowed to use the resources and functions of

the Online Shop to conduct commercial activity or activity that would

violate Seller's interests.

§ 3 Registration

1. To create a Customer Account, the Customer must make a free

2. The Registration is not necessary to place an order in the Online

3. In order to register, the Customer must complete the registration

form provided by the Seller at the Shop Website and forward the

completed form by e-mail to the Seller, by selecting an appropriate

function contained in the registration form. During the Registration

the Customer shall establish an individual Password.

4. While filling out the registration form the Customer is given the opportunity to read the Regulations, accepting the contents thereof

by marking a relevant field in the form.

5. During Registration the Customer may at his/her own discretion give

consent to the processing of his/her personal data for marketing

purposes by marking a relevant field in the registration form. In this

case, the Seller shall clearly indicate the purpose of collecting

Customer's personal data, as well as data recipients, known to or

expected by the Seller.

6. The Customer's consent to the processing of his/her personal data

for marketing purposes shall not condition the conclusion with the

Seller of a contract for the provision of Customer Account service by

electronic means. The consent may be revoked at any time by filing

a relevant statement by the Customer. Such statement may be sent

to the Seller's address, for example, by e-mail.

7. After submitting a completed registration form, the Customer shall

promptly receive, to the e-mail address provided on the registration

form, Registration confirmation by the Seller. At that time the

contract is concluded for the provision of the Customer Account

service by electronic means, and the Customer shall get access to

Customer Account and the right to make changes in data given

during the registration, with the exception of the Login.

§ 4 Orders

1. Information included in the Shop Website shall not constitute the

Seller's offer within the meaning of the Civil Code, and only an

invitation for the Customers to submit offers for conclusion of the

Contract of Sale.

2. The Customer may place orders in the Online shop via the Shop

Website on a 24-hour/7-day-a-week basis.

3. The Customer placing an order via the Shop Website compiles the

order by selecting the desired Products. The Products are added to

the order by selecting the ADD TO CART button under a given

Product presented on the Shop Website. After compiling the whole

order and identifying in the "CART" the manner of Delivery and form

of payment, the Customer shall place the order by sending an order

form to the Seller, selecting on the Shop Website the "ORDER AND

PAY" button. Each time before sending the order to the Seller the

Customer is informed about the total price for selected Products and

Delivery, as well as about any additional costs the Customer is

obliged to incur under the Contract of Sale.

4. Placing an order means an offer of the Customer to the Seller to

enter into a Contract of Sale of Products covered by the order.

5. After the order is placed, the Seller shall send order confirmation to

the e-mail address provided by the Customer.

6. After confirmation of the order, the Seller shall send information on

acceptance of the order for execution to the e-mail address provided

by the Customer. Information about acceptance of the order for

execution constitutes a statement of the Seller about acceptance of

the offer referred to in §4 ust. 5 above and upon receipt thereof by

the Customer the Contract of Sale is concluded.

7. After conclusion of the Contract of Sale, the Seller confirms to the

Customer the terms and conditions thereof by sending them on

a durable medium to the Customer's e-mail address or in writing to

the address provided by the Customer upon Registration or while

placing the order.

§ 5 Payments

1. Prices on the Shop Website presented next to a given Product are

gross prices and do not include information regarding the costs of

Delivery and any other costs which the Customer will be obliged to

pay under the Contract of Sale, about which the Customer will be

informed when selecting the method of Delivery and upon placing an

2. The Customer may choose the following forms of payment for

ordered Products:

a) bank transfer to the Seller's bank account (in such case

execution of the order will be initiated after the Seller sends to

the Customer confirmation of acceptance of the order and once

the money is credited to the Seller's bank account);

b) bank transfer to the Seller's bank account with the option of

personal pickup of the Products (in such case the order will be

executed immediately after the Seller sends to the Customer

confirmation of acceptance of the order, whereas the Products

will be released at the biurze Sprzedawcy once the money is

credited to the Seller's bank account);

c) bank transfer executed by external PayPal payment system

handled by PayPal (Europe) S.à r.l. & Cie, S.C.A. seated in

Luxemburg (in such case an accomplishment of an order shall

start after sending the Customer by the Seller confirmation of the

order and after a receipt of notification from PayPal system that

a payment has been successfully completed);

d) bank transfer via an external payment system przelewy24.pl,

operated by DialCom24 Sp. z o.o. based in Poznań (in this case

order fulfilment shall start after the Customer ends the ordering process in the Online Shop and after an information on successful

completion of the payment is received from the przelewy24.pl

system);

e) payment card via an external payment system przelewy24.pl,

operated by DialCom24 Sp. z o.o. based in Poznań (in this case

order fulfilment shall start after the Customer ends the ordering

process in the Online Shop and after an information on successful

completion of the payment is received from the przelewy24.pl

system);

f) cash on delivery, payment to the Supplier upon Delivery (in this

case execution of the order will be initiated after the Seller sends

to the Customer a confirmation of acceptance of the order).

3. The Customer should pay for the order in the amount resulting from

the Contract of Sale within 7 Days, if chosen payment in advance.

4. If the Customer fails to make the payment within the deadline

referred to in §5 ust. 2, the Seller shall indicate for the Customer an

additional deadline for making the payment and shall inform the

Customer about such deadline on a Durable Medium. The

information about an additional deadline for making the payment

shall also include information that after ineffective expiry of such

deadline the Seller shall rescind the Contract of Sale. In the event of

ineffective expiry of the second deadline for making the payment the

Seller shall send to the Customer on a Durable Medium a statement

on rescission of the contract pursuant to Article 491 of the Civil Code.

§ 6 Delivery

1. The Seller shall execute the Delivery on the territory of the European

2. The Seller shall deliver the Products constituting the subject of the

Contract without defects.

3. The Seller shall publish at the Shop Website information on the

number of Working Days needed to execute the Delivery and fulfil

the order.

4. The deadline for Delivery and execution of the order specified on the

Shop Website shall be calculated in Working Days in accordance with

§5 ust. 2.

5. The deadline for Delivery and execution of the order specified on the

Shop Website shall be calculated in Working Days as from the day of

conclusion of the Contract of Sale in the event the Customer selects

the payment option "cash on delivery".

6. Ordered Products shall be delivered to the Customer through the

Supplier, to the address indicated in the order form.

7. On the day of Products dispatch to the Customer (if Products

personal collection has not been selected) the Seller shall confirm

the shipment by e-mail to the Customer.

8. The Customer must examine the delivered Product in customary

time and manner for shipments of that type in the presence of the

Supplier's employee. In the event of discovery of shortage or

damage relating to the shipment the Customer shall be entitled to

demand from the Supplier's employee to draw up a relevant report.

9. The Customer may pick up the ordered Products personally. They

may be picked up at the Seller's Office on Working Days within the

opening hours specified on the Shop Website, after prior agreement

with the Seller of the time of pickup by e-mail or by phone.

10. The Seller shall, in accordance with the Customer's wish, attach to

the shipment being the subject of Delivery a receipt or VAT invoice

covering the delivered Products.

11. In the event of absence of the Customer at the address specified by

the Customer upon placing the order as the address of Delivery, the

Supplier's employee shall leave an advice note or shall attempt to

contact the Customer by phone to agree the time when the

Customer will be present. If the ordered Product is returned to the

Online Shop by the Supplier, the Seller shall contact the Customer by

e-mail or phone to set again the time and cost of the Delivery.

§ 7 Implied Warranty

1. The Seller ensures Delivery of Products free of physical and legal

defects. The Seller shall be liable towards the Customer if the

Products have physical or legal defects (implied warranty).

2. If the Product is defective, the Customer may:

a) submit a statement on reduction of the price or rescission of the

Contract of Sale, unless the Seller immediately and without

excessive inconvenience for the Customer replaces the defective

Product with a non-defective one or removes the defect.

This limitation shall not apply if the Product has already been

replaced or repaired by the Seller or if the Seller failed to fulfil

the obligation to replace the Product with a non-defective one or

to remove the defect. The Customer may demand replacement

of the Product with a non-defective one instead of removal of the

defect proposed by the Seller or demand removal of the defect

instead of replacement of the Product, unless making the Product

compliant with the contract in a manner chosen by the Customer

is impossible or would require excessive costs as compared to

the manner proposed by the Seller. When assessing if the costs are excessive one shall take into account the value of the

Product free from defects, the type and importance of the

discovered defect, as well as inconvenience to be experienced by

the Customer in the event of other manner of satisfaction of the

b) demand replacement of the defective Product with a nondefective

one or removal of defect. The Seller shall replace the

defective Product with a non-defective one or remove the defect

within reasonable time without excessive inconvenience for the

The Seller may refuse to fulfil the Customer's demand if making

the defective Product compliant with the Contract of Sale in the

manner selected by the Customer is impossible or would require

excessive costs as compared to the other possible manner of

making the Product compliant with the Contract of Sale. The cost

of repair or replacement shall be incurred by the Seller.

3. The Customer exercising the rights under the implied warranty shall

deliver the defective product to the Seller's address. If the Customer

is a Consumer the delivery cost shall be incurred by the Seller.

4. The Seller shall be liable under the implied warranty if a physical

defect is discovered before two years pass since release of the

Product to the Customer. The claim for removal of defect or

replacement of the Product with a non-defective one shall be barred

by the statute of limitations after one year, however such time-limit

may not end before the time-limit specified in the first sentence.

Within this time-limit the Customer may rescind the Contract of Sale

or submit a statement on reduction of the price due to defect of the

Product. If the Customer demanded replacement of the Product with

a non-defective one or removal of the defect, the time-limit for

rescission of the Contract of Sale or submission of the statement on

reduction of the price shall start running upon ineffective expiry of

the time-limit for replacement of the Product or removal of the

5. Any complaints related to the Products or performance of the

Contract of Sale may be submitted by the Customer in writing to the

Seller's address.

6. The Seller shall within 14 days from the date of demand containing

the complaint express opinion on the complaint regarding the

Product or performance of the Contract of Sale submitted by the

7. The Customer may file a complaint to the Seller in connection with

free electronic services provided by the Seller. The complaint may be

sent in electronic form to the address sklep@holenderskielpg.com. In the complaint the Customer shall include description of the problem.

The Seller shall immediately, however not later than within 14 days

consider the complaint and answer the Customer.

§ 8 Guarantee

1. Products sold by the Seller may be covered by a guarantee granted

by the producer or distributor of the Products.

2. In the case of Products covered by the guarantee information

regarding the existence and content of the guarantee shall be always

presented on the Shop Website.

§ 9 Rescission of the Contract of Sale

1. The Customer being a Consumer who concluded the Contract of Sale

may within 14 days rescind the Contract of Sale without giving any

2. The time-limit for rescission of the Contract of Sale shall start

running as from the moment the Customer takes the possession of

the Product.

The statement may be submitted on the form whose template is

provided by the Seller on the Shop Website under the address:

Rescission form. In order to comply with this time-limit, it is enough

to send a statement before the lapse thereof.

The Customer may rescind the Contract of Sale by submitting

a statement on rescission via the form made available on the

website under the address: Electronic Rescission form. In order to

comply with this time-limit, it is enough to send a statement before

the lapse thereof. The Seller shall immediately confirm to the

Customer the receipt of the form submitted via the website.

3. In case of rescission of the Contract of Sale the contract shall be

treated as if it had never been concluded.

4. If the Customer submits the statement on rescission of the Contract

of Sale before the Seller accepts the Customer's offer, the offer

ceases to be binding.

5. The Seller shall immediately, not later than within 14 days from the

date of receipt of the Customer's statement on rescission of the

Contract of Sale, return to the Customer all payments made by the

Customer, including the costs of delivery of the Product to the

Customer. The Seller may withhold reimbursement of the amounts

paid by the Customer until receipt of the returned Product or delivery

by the Customer of a proof of sending the Product, whichever occurs

6. If the Customer exercising the right of rescission selects the method

of delivery of the Product other than the cheapest ordinary Delivery

method offered by the Seller, the Seller shall not be obliged to

reimburse to the Customer the additional costs incurred by the

7. The Customer shall return the Product to the Seller immediately,

however not later than within 14 days from the date of rescission of

the Contract of Sale. To abide by the deadline it is enough to send

the Product to the Seller's address before expiry of such deadline.

8. In the event of rescission the Customer shall only incur the direct

costs of returning the Product.

9. If due to its nature the Product cannot be sent back by traditional

mail, the Seller shall inform the Customer about the costs of

returning such Product on the Shop Website.

10. The Customer shall bear liability for decrease of the value of the

Product as a result of use thereof in a manner outside the manner

necessary to determine the nature, features and functioning of the

11. The Seller shall reimburse the payment using the same method of

payment as the one used by the Customer, unless the Customer

expressly agrees to other method of reimbursement which does not

entail any costs for the Customer.

§ 10 Free Services

1. The Seller renders the following free electronic services to

Customers:

a) Contact Form;

b) Customer Account service;

c) Newsletter;

d) Tell a Friend.

2. Services specified in §10 ust. 1 above shall be provided 24 hours

a day, 7 days a week.

3. The Seller reserves the right to choose and change the type, form,

time and method of providing access to some of these services, and

shall inform the Customer thereof in a manner appropriate to amend

the Regulations.

4. The service: Contract Form consists in sending a message via the

form available at the Shop Website to the Seller.

5. It is possible to unsubscribe from the free service Contact Form at

any time by discontinuing sending enquiries to the Seller.

6. The Newsletter service shall be available to every Customer who

enters his/her e-mail address by means of the registration form made available via the Shop Website by the Seller. After sending the

completed registration form, the Customer shall promptly receive the

Seller's confirmation by e-mail, to the address provided in the

registration form. At that moment the contract for the provision of

electronic Newsletter services is concluded.

The Customer may additionally during Registration mark a relevant

field in the registration form in order to subscribe for the Newsletter

7. The Newsletter service consists in sending by the Seller by electronic

mail of information about new products or services offered by the

Seller. The Newsletter shall be sent by the Seller to all Customers

who have subscribed.

8. Every Newsletter addressed to given Customers shall include in

particular: information about the sender, completed field "subject"

specifying the content and information about the possibility and

manner of unsubscribing from the free service Newsletter.

9. The Customer may at any time resign of receiving the Newsletter by

opting out of the subscription using a link contained in each e-mail

sent under the Newsletter service, or by activating a relevant box in

the Customer Account.

10. The free service Tell a Friend consists in enabling the Customers by

the Seller to send by these Customers to a friend an e-mail regarding

the Product selected by them. Before sending an e-mail the

Customer shall specify the Product to be the subject of

recommendation and then shall complete the form via the function

"Tell a Friend" by providing his/her e-mail address and an e-mail

address of a friend to whom the Customer wants to recommend the

selected Product. The Customer shall not use the said service for

other purposes than recommendation of the selected Product. The

Customer shall not receive remuneration or other benefits for using

the said service.

11. The Customer may at any time resign from "Recommend to a friend"

and involves cessation of sending recommendation to a Customer

12. The Customer Account service is available after Registration on

terms described in the Regulations and consists in making available

to the Customer a dedicated panel within the Shop Website enabling

the Customer to modify data provided upon Registration as well as to

track the status of orders and history of already fulfilled orders.

13. The Customer who made Registration may submit to the Seller

a request for deletion of the Customer Account , whereas in the

event of submission to the Seller of a request for deletion of the

Customer Account such account may be deleted not later than within 14 days from submission of the demand.

14. The Seller shall be entitled to block access to the Customer Account

and to free services in the event the Customer acts to the detriment

of the Seller or other Customers, breaches the law or the

Regulations, as well as if blocking access to Customer Account and

free services is justified on grounds of safety – in particular:

overcoming by the Customer securities of the Shop Website or other

hacking activities. Blocking access to the Customer Account and free

services for the mentioned reasons shall last for a period necessary

to resolve issues giving rise to blocking the access. The Seller shall

notify the Customer about blocking the access to the Customer

Account and free electronic services by e-mail sent to the address

provided by the Customer in the registration form.

§ 11 Personal data protection

1. The Seller shall be a controller of Customer personal data voluntarily

provided to the Seller under the Registration, when placing a single

order, and within the provision of electronic services by the Seller or

in other circumstances specified in the Regulations.

2. The Seller processes the Customers' personal data for the purposes

of fulfilment of orders, provision by the Seller of services by

electronic means and other purposes specified in the Regulations.

Data are processed only pursuant to the provisions of law or the

consent expressed by the Customer in accordance with the legal

provisions in force.

3. The set of personal data provided to the Seller shall be reported by

the Seller to the Inspector General for Personal Data Protection.

4. Personal data delivered to the Seller are submitted freely, provided,

however, that non-submission of data set out in the Regulations in

the process of Registration shall prevent Registration and

establishment of the Customer Account and shall prevent submission

and fulfilment of the Customer order, in the case of making orders

without Registration of the Customer Account.

5. Anyone who transfers his or her personal data to the Seller shall

have the right of access to their contents and the right to correct

6. The Seller shall allow to remove personal data from the data set, in

particular if the Customer Account is deleted. The Seller may refuse

to remove personal data if the Customer fails to pay all amounts

owed to the Seller or violates applicable law, and keeping the

personal data is necessary to explain the circumstances and

determine the liability of the Customer.

7. The Seller shall protect the transferred personal data and shall make

every effort to secure them against unauthorised access or use.

8. The Seller shall transfer the Customer's personal data to the Supplier

in the scope necessary for execution of Delivery.

9. If the Customer selects payment via the przelewy24.pl system,

his/her personal data are transferred in the scope necessary for

execution of payment to DialCom24 Sp. z o.o. with its registered

office in Poznań (60-327 Poznań, ul. Kanclerska 15) entered into the

Register of Entrepreneurs kept by District Court Poznań - Nowe

Miasto and Wilda in Poznań, 8th Commercial Division of the National

Court Register under the no. KRS: 0000306513.

§ 12 Termination of the contract (not applicable to Contracts of

Sale)

1. Both the Customer and the Seller may terminate the contract for the

provision of electronic services at any time and without giving

reasons, subject to the preservation of rights acquired by the other

Party before termination of the above mentioned agreement and the

provisions below.

2. The Customer who has registered, may terminate the contract for

the provision of electronic services by demanding the Seller to

remove the Customer Account, using any means of distance

communication, allowing the Seller to get acquainted with the

Customer's declaration of intent.

3. The Seller may terminate the contract for the provision of electronic

services by sending to the Customer an appropriate declaration of

intent to the e-mail address provided by the Customer during

§ 13 Final provisions

1. The Seller shall be liable for non-performance or improper

performance of the contract, but in the case of contracts with

Customers being Entrepreneurs the Seller shall be liable only for

deliberate damage and within limits of losses actually incurred by

the Customer being the Entrepreneur.

2. The contents of these Regulations may be recorded by being printed,

copied to a storage device or downloaded at any time from the Shop

3. In the event of a dispute related to the concluded Contract of Sale,

the parties shall seek to resolve the matter amicably. The Polish law

shall be applicable to settlement of any disputes arising under these Regulations.

4. Every Customer may use non-judicial complaint and redress

mechanisms. The Customer may use mediation in this scope.

5. The Seller reserves the right to amend these Regulations. All orders

accepted by the Seller prior to entry into force of the new

Regulations shall be delivered based on the Regulations in force at

the date of placing the order by the Customer. The amended

Regulations shall enter into force within 7 days from the date of

publication thereof on the Shop Website. The Seller shall inform the

Customer 7 days before entry into force of the new Regulations

about the amendment to the Regulations by email including a link to

the contents of the amended Regulations. If the Customer does not

accept the new contents of the Regulations, the Customer shall

notify the Seller about this fact, which shall result in termination of

the contract in accordance with the provisions of article §12.

6. The Regulations shall enter into force on 25.01.2015.